United States v. Earl K. H. Kim, Harry I. A. Ah Nee, Chester Hanawahine, Penrod S. Fanene, Catalino Gedarro, and Ralph H. Martin

Good Law
430 F.2d 58
United States Court of Appeals for the Ninth CircuitSeptember 11, 197024059_1California1,571 words

Opinion

Opinion

Jertberg, J.

Appellants were charged with the offense of violating 26 U.S.C. § 5851 , of the National Firearms Act, in that they:

Following conviction by a jury, imposition of sentences by the court, and denial of appellants’ motion for directed verdict and/or a new trial, appellants filed their appeal in this court.

The district court had jurisdiction under 18 U.S.C. § 3231 . This court’s jurisdiction is based on 28 U.S.C. §§ 1291 and 1294.

Appellants present the following issues on this appeal:

1. Whether the District Court erred in denying appellants’ motion to suppress evidence, and whether the seizure of certain property without warrant was so unreasonable and therefore unconstitutional that the District Court erred in admitting into evidence the property so obtained by the search?

2. Whether the District Court erred in admitting into evidence over objection by appellants certain guns and related paraphernalia which were not the subject of the Indictment and suggested other crimes unrelated to the offense with which appellants were charged?

3. Whether the District Court erred in exceeding its discretionary power by making unwarranted comments upon the testimony to such an extent and…

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